A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From April 20, 2012, the Defendant operated a total of 38 units of “a total of 38 units” with the victim D, etc. as a fraternity. On April 20, 2012, the Defendant, on April 20, 2012, issued promissory notes with face value of 67 million won from the victim to the F, a husband in de facto marital relationship with the Defendant, in order to ensure that the victim is responsible for the future fraternity payment obligations of other fraternity E recommended by the victim, and received a notarized deed.

In addition, the Defendant, around April 20, 2013, extracted the victim from the third person to the third person, and on April 23, 2013, in order to secure the victim's future obligation for payment of fraternity deposits, the Defendant, on April 23, 2013, created the right to collateral security, which is equivalent to the maximum debt amount of 60 million won, with respect to the Seoul Jung-gu G building 201 owned by the victim, and paid the fraternity to the victim.

However, since then, the victim was unable to pay the deposit money properly, and the victim was also withdrawn from the above world.

On the other hand, the Defendant applied for a compulsory auction on the same house of the victim under the F’s name on the ground that the victim did not repay the transferred money to E after withdrawal from the fraternity, etc., and the Defendant applied for a compulsory auction on August 29, 2014.

In addition, when the above housing was awarded a successful bid, the Defendant made a demand for distribution against the maximum debt amount of 60 million won as the mortgagee.

Therefore, in the event that the victims of the foregoing right to collateral security secures only the obligation to pay the future fraternity deposits in the old account that received the aforementioned right to collateral security on April 20, 2013, and settle accounts of the fraternity deposits received by the victims and the remainder of the old accounts, the secured obligation of the right to collateral security is extinguished. Therefore, the victims asserted that the above right to demand a distribution based on the right to collateral security is unfair, and filed a lawsuit of demurrer to the distribution with the Seoul Northern District Court on October 20, 2015.

On February 4, 2016, the Defendant: (a) at the Seoul Northern District Court civil petition office located in 479 with Dobong-gu Seoul Metropolitan Government Ma, the Defendant “the victim shall withdraw a lawsuit of demurrer against distribution,” and (b).